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Section 45 – Transfer of Property Act 1882

Transfer of Property Act 1882

 

45. Joint transfer for consideration.—

 

Where immoveable property is transferred for consideration to two or more persons and such consideration is paid out of a fund belonging to them in common, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property identical, as nearly as may be, with the interests to which they were respectively entitled in the fund; and, where such consideration is paid out of separate funds belonging to them respectively, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property in proportion to the shares of the consideration which they respectively advanced.

 

In the absence of evidence as to the interests in the fund to which they were respectively entitled, or as to the shares which they respectively advanced, such persons shall be presumed to be equally interested in the property.

 

COMMENTS

In a suit for partition by metes and bounds, partition can be made on the basis of admission of the parties in the Income-tax and Wealth-tax returns with regard to contributions made by each party towards consideration of property in question; Chiranjilal v. Bhagwan Dass, AIR 1991 Del 325.

 

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Transfer of Property Act 1882

 

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